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What Are the IR-3 / IH-3 / IR-4 / IH-4 Visas?

  • May 30
  • 6 min read

The IR-3, IH-3, IR-4, and IH-4 visas are specialized immigrant visa categories used in the process of U.S. citizens adopting children from foreign countries. Through these visas, adopted children may permanently relocate to the United States and obtain Green Card status. Each category differs based on the type of adoption process and the stage at which it has been completed.

Caglar & Associates, PLLC, a New York-based immigration law firm, provides comprehensive legal support across all IR-3, IH-3, IR-4, and IH-4 visa categories for U.S. citizen families navigating international adoption processes.


What Are the Differences Between the Visa Categories?

Category

Scope

IR-3

Both parents have personally seen the child abroad and the adoption has been completed in a non-Hague country

IH-3

Both parents have personally seen the child abroad and the adoption has been completed in a Hague Convention country

IR-4

One or both parents have not personally seen the child abroad, or the adoption will be finalized in the United States (non-Hague countries)

IH-4

One or both parents have not personally seen the child abroad, or the adoption will be finalized in the United States (Hague Convention countries)


Who Can Apply?

The following individuals may apply:

  • U.S. citizens who wish to adopt a child from a foreign country

  • Families adopting from Hague Convention countries

  • Families adopting from non-Hague Convention countries

  • Families who will finalize the adoption process in the United States

  • Families who have already completed the adoption process abroad

  • Single U.S. citizens pursuing international adoption


Eligibility Requirements

  • The petitioner must be a U.S. citizen.

  • The child to be adopted must be under the age of 16 (18 in the case of a sibling exception).

  • The adoption must be carried out in accordance with the laws of the relevant country.

  • A preliminary approval application (I-800A or I-600A) must have been filed with USCIS.

  • A home study report must have been prepared and approved.

  • It must be documented that the child is an orphan or is eligible for adoption.


Application Process

  1. The family begins working with an accredited adoption agency

  2. A preliminary approval application (I-800A or I-600A) is filed with USCIS

  3. The home study report is prepared and approved

  4. The adoption process is completed in the child's country

  5. The visa application is submitted to the relevant U.S. consulate

  6. Upon visa approval, the child is brought to the United States and the Green Card process begins


Required Documents

  • Valid passport

  • Proof of U.S. citizenship (for the parent)

  • I-800A or I-600A approval notice

  • Home study report

  • Child's birth certificate

  • Documents demonstrating the child's orphan status or eligibility for adoption

  • Adoption decree or court order

  • Child's medical examination report

  • DS-260 online immigrant visa application

  • Parents' marriage certificate (if applicable)

  • Divorce decree if there was a prior marriage


Important Legal Points

  • Children who arrive in the United States on an IR-4 or IH-4 visa must have the adoption finalized in the United States; this process is not automatic.

  • Children who arrive on an IR-3 or IH-3 visa automatically acquire U.S. citizenship upon arrival.

  • The IH category is used for adoptions from Hague Convention countries; the IR category applies to adoptions from non-Hague countries.

  • The home study report is a critical document that must be updated at regular intervals.

  • The child's health condition may affect visa approval; a medical examination is mandatory.

  • The accreditation of the adoption agency and the legal compliance of the process must be carefully verified.


Frequently Asked Questions (FAQ)


What is the difference between IR-3 and IH-3?

IR-3 is for completed adoptions from non-Hague countries where both parents have personally seen the child abroad. IH-3 applies to the same conditions but for Hague Convention countries.


When are IR-4 and IH-4 used?

These categories are used when one or both parents have not personally seen the child abroad, or when the adoption is planned to be finalized in the United States.


What is the Hague Convention?

It is an international agreement governing intercountry adoption processes and designed to protect the rights of children. Many countries, including Turkey, are parties to this convention.


Which countries can adoptions be made from?

Adoptions may be made from countries approved by the United States and deemed eligible for adoption. Each country has its own legal requirements.


What is a home study?

It is a formal evaluation process that assesses the living conditions, financial situation, and parenting capacity of the adoptive family. It is prepared by an accredited social worker.


How long is the home study report valid?

It is generally valid for 18 months to two years. If the adoption cannot be completed before it expires, it must be updated.


What is the difference between I-800A and I-600A?

I-800A is the preliminary approval application form used for adoptions from Hague Convention countries. I-600A is used for adoptions from non-Hague countries.


Does the child automatically become a U.S. citizen upon arriving in the United States? Children arriving on an IR-3 or IH-3 visa automatically acquire citizenship upon arrival in the United States. For those arriving on IR-4 or IH-4 visas, the adoption must be finalized in the United States before a citizenship application can be filed.


Can a single parent adopt internationally?

Yes. Single U.S. citizens may also apply for international adoption; however, some countries may impose restrictions on single-parent applications.


What is the age limit for the child to be adopted?

The child must be under the age of 16. In cases of simultaneous adoption with a biological or previously adopted sibling, this limit is raised to 18.


How long does the adoption process take?

Depending on the country and the process, it generally ranges from one to four years.


Is a consular interview required?

Yes. A consular interview is mandatory in the visa application process; the child's medical examination is also completed during this stage.


Is a medical examination required?

Yes. The child to be adopted must undergo a medical examination conducted by an authorized physician.


Can the child's health condition affect the visa?

Yes. Certain health conditions may affect the visa process. Legal and medical consultation is recommended.


Is an adoption agency required?

For adoptions from Hague Convention countries, working with an accredited agency is mandatory. For non-Hague countries, the use of an agency may not be required; however, it is strongly recommended.


Can the application be denied?

Yes. Incomplete documentation, issues with the home study report, or the child's failure to meet eligibility conditions may result in a denial.


What can be done if the application is denied?

The grounds for denial should be reviewed and an appeal or reapplication process should be evaluated. Seeking legal support at this stage is critically important.


Can the adopted child later bring siblings to the United States?

After the adopted child acquires U.S. citizenship and reaches adulthood, they may file their own applications. This process requires a separate legal evaluation.


What happens if the adoption process is interrupted?

Cancellation before the process is completed may have both legal and financial consequences. Seeking legal counsel immediately is strongly recommended in such situations.


What happens if the couple divorces during the adoption process?

This significantly complicates the process and may lead to the cancellation of the adoption in some countries. Legal support is essential.


How is a passport obtained for the adopted child?

A U.S. passport application may be filed for a child who has acquired U.S. citizenship. For children in the IR-4 or IH-4 category, the adoption must first be finalized in the United States.


Can the adoptive parents travel to the child's country multiple times during the process?

Yes. Depending on the requirements of the child's country, multiple trips may be necessary. Some countries require the parents to be present for specific legal proceedings. An adoption agency and legal counsel can help plan these trips effectively.


What happens if the child's birth records are incomplete or unavailable?

Incomplete birth records are a common challenge in international adoptions. Alternative documentation may be submitted, but the process may become more complex. Legal guidance is strongly recommended to navigate this situation.


Does the adopted child need to learn English before coming to the United States?

No. There is no language requirement for the child. Many families arrange language support and schooling after arrival to help the child adjust.


Can the adoptive parents apply for a Green Card for the child if the visa is denied?

If the visa is denied, the underlying reasons must be addressed before reapplying. Depending on the circumstances, alternative immigration pathways may be explored with the help of an immigration attorney.


What documents does the child need to enroll in school after arriving in the United States?

The child's Green Card or proof of lawful status, along with vaccination records and any available academic records, are typically required for school enrollment. Requirements may vary by state.


Is translation required?

Yes. All documents not originally in English must be translated by a certified translator.


Is legal counsel truly necessary?

Absolutely yes. International adoption processes involve a multi-layered structure encompassing USCIS, consular proceedings, foreign country courts, and international treaties. Professional legal guidance is critically important for ensuring the process is managed correctly and completely.


Contact Caglar & Associates, PLLC

Address: 100 Church St 8th Floor, New York, NY 10007, United States

Phone: +1 (646) 874-3575

Attorney Ibrahim Furkan Caglar

New York Bar Number: 6160303


Free Initial Consultation for IR-3 / IH-3 / IR-4 / IH-4 Visas

Contact us to evaluate your international adoption process and explore your legal options.

Let's assess your case together.

 
 

The information contained in this article is for general informational purposes only and does not constitute legal advice. Before taking any action, we recommend that you seek professional legal advice in accordance with the applicable laws in your jurisdiction.

Ibrahim Caglar & Associates, PLLC
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Caglar & Associates, PLLC

 Phone Number: +1  (646) 874-3575
Email: info@caglarpllc.com

Address: 100 Church St 8th Floor,

New York, NY 10007

Caglar & Associates, PLLC. All content and publication rights reserve

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